Click here to watch a video for regarding the proposed changes to Chapter 290.
Chapter 290 Property Maintenance Ordinance was enacted in June 2012. The proposed changes are designed to enhance the Town's ability to enforce the Property Standards. The new wording is highlighted below. For a full reading of Chapter 290 click here.
§ 290-5. Grounds maintenance standards.
The grounds of any property shall be kept in good repair and free of unsafe or unsanitary conditions. Such conditions may include excessive vegetation, and properties may be deemed unsafe or unsanitary if they are found to contain: refuse, household trash, junk, discarded plumbing, heating supplies, old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, waste and all scrap iron, steel, other scrap ferrous or nonferrous material, debris, scrap lumber, inoperable machinery or part thereof, glass, unused and inoperable appliances, worn and unused furniture, and one or more junked and/or unserviceable vehicle(s), other than those licensed for storage according to the Town of Madison Automobile Graveyard and Junkyard Ordinance.[1] Materials intended for the private use of the property owner may be stored on the property as long as such material is screened from the public way and from abutting properties and is not in violation with state laws. Private use does not include resale
[1]: Editor's Note: See Ch. 154, Automobile Graveyards and Junkyards.
§ 290-8. Enforcement; violations & penalties; extensions.
A. The CEO, or their designee, shall notify the violator, serving a written notice by certified mail or by hand delivery. Said notice shall explain the nature of the violation and require corrective action within 30 calendar days from the date of the receipt of the notice to correct the violation, seven days (maximum) for a health and/or safety violation as determined by the CEO. The violator may appeal the CEO's decision to the Board of Selectpersons. Appeals must be made within three working days of notification by the CEO of a violation. The number of days given for compliance shall start after the Board of Selectpersons has heard the appeal.
B. If a violation is not corrected within the time allowed, the Town shall pursue all remedies including pursuit of a judge’s order to abate the property and remove the material in violation at the property owner’s expense. In addition the Town shall pursue relief available by law and/or in equity for land use ordinances, including, without limitation, the remedies and relief provided in 30A M.R.S.A. § 4452, currently including, without limitation, a penalty of $100 to $2,500 per day for a specific violation, injunctive relief and reasonable attorney fees, expert witness fees and costs. The Town shall retain all penalties set forth in this chapter.